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Analysis On The Legal Problems Of Rural Housing Mortgage In China

Posted on:2019-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:P Y JingFull Text:PDF
GTID:2346330542497841Subject:Law
Abstract/Summary:PDF Full Text Request
Rural home mortgage refers to the fact that the peasants mortgage their own houses built on the land owned by the rural collective economic organizations belonging to the individual farmers to the financial institution to obtain a mortgage loan.However,due to the imperfection of current legislation,the ambiguity of the relationship between homestead and housing in the rural housing mortgage has led to many theoretical disputes on rural housing mortgages.From the aspect of social security,in the past,the level of economic development of the country was not yet high enough to provide farmers with comprehensive social security.During this period,rural housing has assumed the task of providing farmers with the most basic accommodation.However,with the economic development,the people’s living standards have improved;the adoption of such measures is essentially to provide farmers with social security by restricting the realization of their own property rights,does not meet the requirements of the development of the times,but also violates the fair spirit of the law.In terms of the needs of the farmers themselves,developing Rural Housing Mortgages Can Solve Farmers’ Need for Financing,mortgage houses are still under the control of farmers until the realization of claims,it will not affect the farmers’ daily production activities and their daily needs,it also reduces the pressure on financial institutions to provide loans to farmers,for the current stealth trading market can also play a normative role,more comprehensive protection of the legitimate rights and interests of farmers.Solved the needs of farmers’ financing and helped them expand production and raise living standards,this is also the basic requirement that China has proposed to coordinate urban and rural development in recent years and share the reform dividend.Only solve the problem of the interests of the general public,only in this way can the society be stable and orderly,and the country’s long-term peace and order.This article is mainly divided into the following three parts:First part,review and analysis of current rural housing mortgage theory dispute.There are three main points of dispute.The first is the prohibition of rural housing mortgage.The second is to allow the freedom of rural housing mortgage.Third,restrictions on the conditions of rural home mortgage should be imposed.The focus of the dispute is mainly on the relationship between the rights of rural housing and homestead,what should be done when the home mortgage right is realized.Then theauthor evaluates the flaws of the three viewpoints that do not meet the development of the current era and do not meet the spirit of legal fairness.The second part,the legal and realistic dilemma of rural housing mortgage.Study the contradiction and insufficiency in the relevant legislation of housing mortgage by studying the existing laws and policies on the provisions of rural housing mortgage.Then combined with the problems encountered in rural housing mortgage in practice.For example,many restrictions on mortgage subjects and objects,difficult to determine the effectiveness of mortgages and mortgage rights are difficult to achieve.Analysis the legal predicament of China’s current rural mortgage.The third part,making recommendations on relevant legal norms and supporting systems for rural home mortgages.Combining the Previous Section with the Analysis of the Current Difficulties of Rural Housing Mortgage,targeted improvement through the legal system and related supporting systems,to resolve the contradictions and ambiguities existing in the current rural mortgage for rural housing,and establish and improve the rural housing mortgage registration system and evaluation system.Finally,aided by the right of relief,to make recommendations for the legislature to formulate and improve the relevant legal systems for rural housing mortgages.
Keywords/Search Tags:Rural housing, House ownership, Real estate mortgage
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